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HomeMy WebLinkAbout[09b] Human Rights c[TY ST. Jo MPE{ Council Agenda Item 9(b) MEETING DATE: March 1, 2012 AGENDA ITEM: Amendment, JPA Human Rights SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Regional Human Rights Joint Powers Board recommended approval of the amendment. PREVIOUS COUNCIL ACTION: See attached pages BACKGROUND INFORMATION: BUDGET /FISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the revised Joint Power Agreement for the Regional Human Rights Office. THIS PAGE INTENTIONALLY LEFT BLANK City of Council Meeting Item St Mi nnesota MEETING DATE: February 27, 2012 SUBJECT /TITLE: Approve an Amendment to Section 8, Subdivision 2, of the Joint Powers Agreement between St. Cloud and St. Joseph for the provision of Regional Human Rights Services. SUBMITTED BY: Michael Williams, City Administrator RECOMMENDATION: Approve the Amendment. BOARD / COMMISSION /COMMITTEE RECOMMENDATION: The Regional Human Rights Joint Powers Board (Mayor Kleis, Council President Libert, Council Member Symanietz, and Council Member Frank) recommend approval. PREVIOUS COUNCIL ACTION: On April 5, 2010, the City Council approved a Joint Powers Agreement with the City of St. Joseph. Other actions in 2010 regarding the Regional Human Rights effort involved the process to appropriate CDBG Funds to the program, the making of appointments to the Joint Powers Governing Board, the leasing of office space to the State of Minnesota, and the approval of appointments to the Regional Human Rights Commission. A number of actions in previous years supported an office of human rights. BACKGROUND: The JPA created a Regional Human Rights Office and Human Rights Commission that provides services (education & outreach and enforcement & mediation) to the Cities of St. Joseph and St. Cloud. The Joint Powers agreement establishes a Governing Board responsible primarily for contracting with the State of Minnesota for services, appointing the members of a Regional Human Rights Commission, and tending to budget and fiduciary responsibilities of the JPA. The 8- member Advisory Commission (Regional Human Rights Commission) interacts with the Office and Board on a regular basis. The Commission assists with identifying needs, assists with identifying resources, provides advice, acts as liaison with City Governments, assists with education efforts and dissemination of information, and advises the Governing Body. The primary duties of the Regional Human Rights Commission are outlined below: Duties and Responsibilities. (a) Working in cooperation with the State of Minnesota Department of Human Rights the Commission will foster, through education, conferences and public information, general awareness and understanding of human rights issues and laws in the Member cities. The Commission may make recommendations to the Board on legislation and policy changes at any level of government. (b) In addition to the State of Minnesota Department of Human Rights the Commission will enlist the cooperation of agencies, organizations, and individuals in the community, and will cooperate with the human and civil rights agencies of other communities, in an active program directed to create equal opportunities and equal rights for all persons. (c) The Commission will advise the Board on human relations and civil rights issues including the functioning of the agreement with the State of Minnesota. Efforts to fill vacancies on the Commission have been difficult because of lack of volunteers and the requirements for gender and protected class appointees. The current Joint Powers Agreement requires six members to be persons having a protected status with at least three from different protected categories. In addition, no more than four members may be of the same gender. The Joint Powers Board discussed the issue during its meetings on January 12, 2012, and February 8, 2012. The Board recommends the proposed Amendment altering the make -up of the Commission. The change removes the requirements to include persons of protected classes and gender balance while stressing the importance of a diverse Commission. It requires the Board to consider "gender balance, representation of protected classes, a balance of interests, and a make -up that represents the diversity of the community" when making appointments. In addition, the Board recommends allowing up to three members to be from non - member cities. The new language will be: 8. Powers and Duties of the Board. The powers and duties of the Board are limited to the following: 8.1 Establish a Regional Human Rights Commission. Subd. 1. Purpose. The purpose of the Human Rights Commission is to secure for all citizens and visitors equal opportunity in education, employment, housing, public accommodations, and public services, and full participation for all its citizens in the affairs of this community. Subd. 2. Composition and Qualifications. Appointment and Removal. Compensation. (a) The Commission will be comprised of persons expressing a commitment and interest in protecting the rights of protected classes as defined by Minnesota Statute Chapter 363A entitled the "Human Rights Act." The Board, in making its appointments, will strive to create gender balance, representation of protected classes, a balance of interests, and a make -up that represents the diversity of the community. (b) The Commission will consist of eight members. Five of the eight Commission members must be persons residing within member cities. (c) All members will be appointed by the Board with the advice and consent of the governing body of each Member and with due regard to their fitness to fulfill the functions powers, and duties vested in and imposed upon the Commission. (d) The Board may remove any member of the Commission in the best interests of the Member cities. (e) Members of the Commission will serve without compensation. In addition, the Board adopted a policy for the appointment of Commission Members. The new policy is attached for your information. BUDGET/FISCAL IMPACT: Current General Fund appropriations for Human Rights are $41,108. CDBG funding of $64,812 is also appropriated. RELATIONSHIP to CITY GOALS: The establishment of a regional office was been a part of the overall city goals for several years. OPTIONS: Approve or disapprove the Amendment. St. Joseph has approved. NECESSARY ACTION: Approve the Amendment. ATTACHMENTS: Joint Powers Agreement; Description of the Amendment; new Policy for Appointment of Commission Members. JOINT POWERS AGREEMENT ESTABLISHING A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN A COMMUNITY BASED EFFORT TO PROVIDE HUMAN RIGHTS SERVICES AND SUPPORT A REGIONAL HUMAN RIGHTS OFFICE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59 and §462.358. 1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of Directors to organize and govern a community -based effort to provide human rights services and support a regional human rights office which will be staffed and operated by the Minnesota Department of Human Rights. 2. Definitions. 2.1 "Additional Member." A signatory of this Joint Powers Agreement who is not an Initial Member, having joined after the first year of its existence. 2.2 `Board." The Board of Directors established by this Agreement. 2.3 "Director." A member of the Board of Directors. 2.4 "Initial Member." An original signatory of this Joint Powers Agreement as identified in Section 3.1. 2.5 "Member." Any city which is a signatory to this Agreement. 3. Membership. 3.1 The Initial Members are: The Cities of St. Cloud and St. Joseph. No change in governmental boundaries, structure, organizational status or character will affect the eligibility of any Member listed above to be represented on the Board as long as such Member continues to exist as a separate political subdivision. 4. Board of Directors. 4.1 The community based effort to provide human rights services set forth in this Agreement must be governed by a Board of Directors which must consist of two Directors appointed by the governing body of each Initial Member listed in 1 Section 3.1 above. Each Member may designate an alternate for its appointed Director. Each Director and alternate must be a member of the governing body of their respective Member. Directors will serve one year terms on the Board. 4.2 Directors must serve without compensation from the Board. This does not prevent a Member from providing compensation to a Director for serving on the Board. 5. Quorum/Voting. 5.1 A majority of all of the Directors will constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum is required for the Board to take action, unless otherwise provided by law. 5.2 There is no voting by proxy. Except as otherwise authorized in this Agreement, all votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one vote. 6. Officers. 6.1 The officers of the Board will be a Chair and a Vice - Chair. 6.2 At its first meeting, the Board must elect a Chair and a Vice -Chair who will serve through December 31 of the year when first elected and until a successor is elected. At the meeting prior to completion of the initial term(s) and at the completion of every term thereafter, a Director must be elected to each respective office for a one -year term. 6.3 A Director must be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 7. Meetings. 7.1 The Board must meet at least annually on a schedule determined by the Board. 7.2 Meetings of the Board may be called by the Chair and must be called upon written request of a majority of the Directors. 7.3 All meetings must be conducted in compliance with the Minnesota Open Meeting Law, Minnesota Statutes Chapter 13D. 8. Powers and Duties of the Board. The powers and duties of the Board are limited to the following: 8.1 Establish a Regional Human Rights Advisory Commission. 2 Subd. 1. Purpose. The purpose of the Human Rights Advisory Commission is to secure for all citizens and visitors equal opportunity in education, employment, housing, public accommodations, and public services, and full participation for all its citizens in the affairs of this community. Subd. 2. Composition and Qualifications, Appointment and Removal, Compensation. (a) The Commission will consist of eight members. Six of the eight Commission members must be persons having protected status as defined by Minnesota Statute Chapter 363A entitled the "Human Rights Act." At least three of the six members will represent different protected categories. No more than four members may be of the same gender. (b) All members will be appointed by the Board with the advice and consent of the governing body of each Member and with due regard to their fitness to fulfill the functions, powers, and duties vested in and imposed upon the Commission. (c) The Board may remove any member of the Commission in the best interests of the Member cities. (d) Members of the Commission will serve without compensation. Subd. 3. Terms of Members, Vacancies, Participation. (a) Appointment: At the time of the initial appointment, members of the Commission will be appointed to terms of three years, except that any person appointed to fill an unexpired term will serve only until the expiration of that term. No person will serve more than two consecutive terms. (b) Meetings: The Commission will meet monthly and may meet additionally at the call of the Chairperson or of any two members. (c) Officers: The Commission will at its first meeting in January of each year, elect a Chairperson and Vice - Chairperson. No person will serve more than two consecutive terms as Chairperson or Vice Chairperson. The State of Minnesota Department of Human Rights will provide staff support including acting as the Recording Secretary for the Commission. (i) Chairperson: The Chairperson will preside and maintain order at all Commission meetings and will make such reports as required by law and as ordered by the Commission to the Board. 3 (ii) Vice Chairperson: The Vice Chairperson will fulfill the duties of the Chairperson in the absence of the Chair including the calling of Commission meetings and assist the Chairperson with administrative duties, and monitor the expenditure of funds allocated for human rights through the Commission. (d) Procedure: All business of the Commission will be conducted in an orderly and lawful manner, and the Commission will at all times be vigilant to preserve and protect the rights and privacy of both persons having human rights complaints and persons against whom human rights complaints have been made. Specific human rights complaints made against named individuals will not be heard by the Commission. However, the Commission may be addressed by individuals regarding problems and issues generally with due regard for the privacy of all persons. Persons having specific human rights complaints will be referred to the State of Minnesota Department of Human Rights. The Commission may also enact bylaws, with the approval of the Board, to govern its own affairs. The bylaws will not provide for the removal of Commission members by the Commission, but may provide a procedure by which the Commission may recommend removal of a Commission member to the Board. The bylaws may include recommendations for the training of Commission members as deemed appropriate by the Commission. (e) Public: All meetings of the Commission, records and minutes will be open to the public except as otherwise may be provided by applicable law. Subd. 4. Duties and Responsibilities. (a) Working in cooperation with the State of Minnesota Department of Human Rights the Commission will foster, through education, conferences and public information, general awareness and understanding of human rights issues and laws in the Member cities. The Commission may make recommendations to the Board on legislation and policy changes at any level of government. Except for their advice to the Board, the Commission will not attempt to directly influence the legislation or policy changes the Commission recommends. Individual Commission members may, as individuals or representatives of other organizations, advocate before other legislative or executive bodies as individuals or representatives of other organizations, but they will not represent that they are representing the Board or any Member city unless so authorized by the Board or the Member city. The Commission will not participate or intervene in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office. 4 (b) In addition to the State of Minnesota Department of Human Rights the Commission will enlist the cooperation of agencies, organizations, and individuals in the community, and will cooperate with the human and civil rights agencies of other communities, in an active program directed to create equal opportunities and equal rights for all persons. (c) The Commission will advise the Board on human relations and civil rights issues including the functioning of the agreement with the State of Minnesota described in paragraph 8.2 below. 8.2 Enter into an agreement with the State of Minnesota Department of Human Rights to operate a regional human rights office in the St. Cloud area. That office should provide the following services: (a) Complaint intake. (b) Pre - investigative dispute resolution. (c) Forwarding of the complaint to the State Office staff when necessary. (d) Education and outreach services in the form of training about the Mi nnesota Human Rights Act. (e) Coordinate forums and cultural diversity events that may be conducted by other entities or consultants. (fj Serve as staff in support of a regional human rights office. 8.3 Annually report to Members on Board activities and progress in meeting goals. The annual report shall be distributed to the Members no later than March 1st. 8.4 The Board may research and make recommendations to the Members regarding matters related to the purpose of this Agreement. 8.5 The Board may consult with persons knowledgeable in human rights such as research organizations, educational institutions, other political subdivisions, and any other persons who can provide pertinent information. 8.6 The Board must contract for or purchase such insurance as the Board deems necessary for the protection of the Board and the Members. 8.7 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds not currently needed for its operations. 5 8.8 The Board may collect money, subject to the provisions of this Agreement, from its Members and from any other source(s) authorized by law. 8.9 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all of the Members. 8.10 The Board will cause to be made an annual audit of the books and accounts of the Board and must make and file a report to its Members at least once each year. Strict accountability of all funds and report of all receipts and disbursements must be made. 8.11 The Board's books, reports and records will be available for and open to inspection by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.12 The Board may appoint such committees as it deems necessary to exercise to powers of the Board in accordance with by -laws adopted by the Board and as allowed by law. 8.13 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by -laws to govern the functioning of the Board, provided that no by -law or action of the Board will be contrary to the terms of this Agreement. 9. Additional Members. 9.1 Other cities may become a party to this Agreement upon a 2/3 majority of all Directors acting upon a resolution of the Board. The new Member shall sign a copy of this Agreement. Existing Members shall not be required to resign. 9.2 The Board may require Additional Members to pay a fee deemed appropriate by the Board. Said fee must take into consideration the expenditures of the Board to date. The Board may allow this fee to be paid over one or more years. 10. Employees. 10.1 Employees of the member Cities serving as a Director or providing project administrative services will not be considered employees of the Board for any purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; workers' compensation; unemployment compensation or reemployment insurance; retirement benefits; social security; liability insurance; keeping of personnel records and termination of employment. Each Member agrees to contribute each year to a general fund. The annual contribution by each 6 Member will be determined in accordance with a budget approved by the Members governing bodies. 10.2 No Member will be responsible or liable to any other Member for the payment of wages or other remuneration to the other Member or to the other Member's employee(s), notwithstanding the fact that such employee may from time to time pursuant to this Agreement, provide services which benefit the other. 11. Member's Financial Contributions. 11.1 The Members anticipate receiving a Community Development Block Grant in the amount of $70,000, annually for five years. The initial contribution by each Member will be as follows: The City of St. Cloud will contribute $18,473. The City of St. Joseph will contribute $1,527. The initial contribution must be paid within sixty days after the effective date of this Agreement. 11.2 Each year, the Board will, by approval of a 2/3 vote of all its Directors, adopt a proposed general administration budget for the ensuing year and decide upon the total amount necessary for the general fund. The Board must certify the budget on or before July 1 to the clerk of the governing body of each Member, together with a statement of the proportion of the budget to be contributed by each Member. Each member must approve or object to the proposed budget and the Members' financial contribution and give notice of its action to the Board. The budget will be deemed approved by a Member in the absence of action by August 1. Final Action adopting a budget for the ensuing calendar year must be taken by the Board on or before October 15 of each year. Each Member's contribution must be paid by January of the following year. No Member's contribution will exceed $0.81 per capita. The per capita rate will be the same for each Member. 11.3 Upon the failure of any Member to contribute its financial obligation in a timely manner, or to fulfill any of its other material obligations under this Agreement the Board may expel a Member upon 2/3 vote of all its Directors. 11.4 Contributions to the general fund are to be used for general administration purposes including, but not limited to expenses, supplies, insurance and bonds. 12. Duration. This Agreement will continue for a period of five years after its effective date unless earlier terminated as provided herein. 13. Termination. 13.1 During any portion of the term of this Agreement in which there are no more than two Members if either member wishes to terminate this Agreement, then the 7 Board must terminate this Agreement, allowing reasonable time to complete work in progress. 13.2 During all other portions of the term of this Agreement when there are at least three members the Board may receive petitions for termination of this Agreement from Members. Upon receipt of a petition of a Member the Board must conduct a public hearing. The Board must provide a minimum of 30 days notice in writing to the City Administrator/ Manager of each Member and by publication in a newspaper of general circulation in Member cities. Upon a 2/3 vote of all Directors acting upon a resolution of the Board, the Board must recommend termination of this Agreement A copy of the resolution must be submitted to the City Council of each Member and if ratified by 2/3 of the Members, the Board must terminate this Agreement, allowing reasonable time to complete work in progress. Reasonable time to complete work in progress must include time to give notice and terminate any agreement with the State of Minnesota to establish a regional human rights office. 13.3 Upon termination of this Agreement, all monies on hand shall be distributed to the current Members. Any distribution of assets must be made in proportion to the total contributions by the respective Members over the entire duration of this Agreement. The Board will continue to exist after termination for such period as is necessary to wind up its affairs, but not for other purpose. 14. Withdrawal. 14.1 During any portion of the term of this Agreement in which there are more than two Members, a Member may withdraw from this Agreement, by resolution of its city council, provided that the member gives a 120 -day notice to the Board and the other Members. Any Member formally withdrawing is still obligated to pay its contribution according to the terms of this Agreement for the then current budget year but will have no further liability or obligation to the Members except as to actions, events or responsibilities arising or occurring before the effective date of withdrawal. Any Member withdrawing under this provision will not be entitled to any refund from the Board. 15. Indemnification. 15.1 The Board of Directors must defend and indemnify its members for any liability claims arising from Board activities or operations, and decisions of the Board of Directors. Nothing in this agreement will constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses, and the limits of liability under Minnesota Statutes, Chapter 466 for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 8 15.2 Nothing herein will be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 15.3 Any excess or uninsured liability must be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 16. Severability. 16.1 If any portion of this Agreement is found to be void, unenforceable, unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in effect. 17. Effective Date. 17.1 This Agreement shall be in full force and effect when all members sign this Agreement. All members need to sign the same copy. Each member shall file the signed Agreement with the St. Cloud City Clerk who will notify all members of the effective date of the Agreement. IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by action of their governing bodies, in accordance with law. CITY OF ST. CLOUD CITY OF ST. JOSEPH By its Mayor By its Mayor And its City Clerk And its City Administrator Date Date 9 Regional Joint Powers Board Policy for the Appointment of Members to the Regional Human Rights Commission Purpose: The purpose of this policy is to guide the process of recruitment, screening, consideration, and selection of appointments to the Regional Human Rights Commission. Authority: The Regional Joint Powers Board is responsible for the establishment of the Regional Human Rights Commission. The purpose of the Regional Human Rights Commission is to secure equal opportunity for citizens by partnering with the State of Minnesota to provide education and outreach that fosters a general awareness of human rights laws in the member's cities. The Board is responsible for appointment and removal of commissioners and monitoring its activities. Appointment Process: The process to appoint commissioners is described below: 1. Vacancies will be advertised by member cities using methods and media that are commonly used to solicit members for other city boards, committees, and commissions. Members and Commissioners are encouraged to make personal contacts to recruit applicants. 2. Interested persons will be required to complete an application form expressing their interest in appointment, work experience, civic involvement, education experiences, life experiences, and potential contributions to the commission and its work. In addition, the applicant will be provided with information describing the purpose of the Commission, the State Department of Human Rights, and the Human Rights Act. 3. Applications will be collected at the Regional Human Rights Office and distributed to members of the Board and the Chair of the Regional Human Rights Commission. Any Board Member or the Chair of the Commission can contact the applicants for further information. 4. At an appropriate Board Meeting, with the advice of the Chair of the Commission, the Board will consider applicants and make appointments. 5. Each Member will solicit approval of the appointments by its respective City Council. 6. Upon approval by Member Cities, the appointees will be notified and an orientation session with the Chair of the Commission scheduled. Removal Process: "The Board may remove any member of the Commission in the best interests of the Member Cities" (Joint Powers Agreement, 8.1.2(c)). Therefore, any Board member, the Chair of the Commission, or Commission member may bring the removal of a member to the Board for consideration. However, the Commission is authorized by the Joint Powers Agreement (Joint Powers Agreement, 8.1.3(d)) "to enact bylaws, with the approval of the Board, to govern its own affairs. The bylaws will not provide for removal of Commission members by the Commission, but may provide a procedure by which the Commission may recommend removal of a Commission member to the Board ". 8. Powers and Duties of the Board. The powers and duties of the Board are limited to the following: 8.1 Establish a Regional Human Rights Commission. Subd. 1. Purpose. The purpose of the Human Rights Commission is to secure for all citizens and visitors equal opportunity in education, employment, housing, public accommodations, and public services, and full participation for all its citizens in the affairs of this community. Subd. 2. Composition and Qualifications, Appointment and Removal, Compensation. (a) The Commission will be comprised of persons expressing a commitment and interest in protecting the rights of protected classes as defined by Minnesota Statute Chapter 363A entitled the "Human Rights Act." The Board, in making its appointments, will strive to create gender balance, representation of protected classes, a balance of interests, and a make -up that represents the diversity of the community. (ab) The Commission will consist of eight members. Five of the eight Commission members must be persons residing within member cities. havingiareteeteel 1 (GI)) All members will be appointed by the Board with the advice and consent of the governing body of each Member and with due regard to their fitness to fulfill the functions powers, and duties vested in and imposed upon the Commission. 1 (cis) The Board may remove any member of the Commission in the best interests of the Member cities. 1 (ed) Members of the Commission will serve without compensation.